Sometimes individuals or entities believe that they have entered into a contract but because essential elements have not been agreed to or the proper contract formation formalities have not been followed, a contract has not been formed. Disputes arise because one party wants to enforce the alleged agreement and the other party or parties claim a contract does not exist. During Marc’s entire 35+ year career, as general counsel for two different companies and as a principal shareholder at Greenberg Traurig, practicing in the corporate group, Marc has handled matters with respect to the formation and/or lack thereof of contracts.
Mediation is an ideal way to proceed with respect to contract formation disputes. Litigating contract formation disputes is extremely expensive and time consuming and the outcome is highly uncertain because the parties are asking a court to craft an agreement between them, which assuming the court is willing to do, is difficult and often times the parties do not end up in a position that they like.
Mediation brings all parties involved in the contract formation dispute together and permits them to hopefully resolve their dispute, it provides the parties the ability to craft an outcome that a court is simply not equipped to do. The key to successful contract formation dispute mediation is finding a seasoned mediator who understands the details of the dispute and is willing to work with all of those involved to arrive at the best possible resolution.